Informed Consent Liability & Lawsuits: 3 Ways to Get Sued

Informed Consent Liability & Lawsuits: 3 Ways to Get Sued

The doctrine of informed consent requires healthcare providers to inform patients of the risks, benefits, and alternatives of a proposed treatment. Legally, patients must have firsthand knowledge of their treatment options and the likely consequences of those choices, which allows them to make more informed choices. Patients are afforded the right to refuse proposed treatments...

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Legal Risks of Sharing Patient Photos in Dermatology & Cosmetic Surgery

Legal Risks of Sharing Patient Photos in Dermatology & Cosmetic Surgery

Testimonials from real patients are some of the most compelling marketing tools available. For that reason, and because of the ubiquity with which potential patients ask about your results, it is common for your success stories to adorn your dermatology or cosmetic surgery practice’s website. Powerful before-and-after photos of a dermatological or aesthetic transformation build...

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How Your Medi-Spa May Be Inadvertently Violating Stark Law

How Your Medi-Spa May Be Inadvertently Violating Stark Law

An essential legal concern while operating, or first establishing, medical spas or integrative medicine facilities entails anti-kickbacks, self-referring clients, and fee-sharing with outside parties. Laws forbidding ill-gotten financial gains by physicians and physical therapists can be easily violated without willful intent. Section 1877 of the Social Security Act (42 U.S.C. § 1395nn), also known as...

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The Takeaway From CMS 2019 Proposed Physician Payment Rule

The Takeaway From CMS 2019 Proposed Physician Payment Rule

On July 12, 2018, the Centers for Medicare and Medicaid (CMS) issued its annual proposed Medicare Physician Fee Schedule for 2019. Several key changes are included in this proposal, the most exciting of which is a requirement that physicians are paid for their time when they contact Medicare beneficiaries via telephone or other telecommunications channels...

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Can an Illinois Physical Therapist Give or Receive Money in Exchange for Referrals?

Can an Illinois Physical Therapist Give or Receive Money in Exchange for Referrals?

As a physical therapist, you may have been offered money or gifts in exchange for referrals. Perhaps you have considered offering a referring physician money or gifts in exchange for a referral. If you are not yet familiar with laws relating to giving and receiving money in exchange for referrals, make sure you educate yourself...

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3 Things Psychiatrists Need to Know About the Anti-Kickback Statute

3 Things Psychiatrists Need to Know About the Anti-Kickback Statute

The Anti-Kickback Statute prohibits individuals and entities from offering anything of value, whether cash or otherwise, in exchange for any federal healthcare program business. Federal healthcare programs include Medicare, Medicaid, Tricare, Department of Labor health programs, and more. Any violations of the Anti-Kickback Statute (AKS) can result in civil fines, criminal penalties, and program removals....

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How do I know if my employer can enforce my noncompete agreement?

How do I know if my employer can enforce my noncompete agreement?

Many Illinois doctors and healthcare providers do not take the time to review their existing employment contracts before leaving to start a new practice. This can be problematic if these contracts contain restrictive covenants, or “noncompete” provisions. Indeed, many doctors think they can simply ignore a noncompete agreement, set up shop across the street from...

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5 Things to Do Before Buying a Healthcare Practice

5 Things to Do Before Buying a Healthcare Practice

#1 – Review the books. Personally evaluate all liabilities and assets. This helps you understand how much business is necessary to sustain the practice, how adequately (or inadequately) employees are compensated, whether patient accounts are sent to collections, and whether the practice is something in which you want to invest. With the books in front...

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3 Questions a Chiropractor Should Ask before Hiring a Physical Therapist

3 Questions a Chiropractor Should Ask before Hiring a Physical Therapist

Can a chiropractor hire a physical therapist? This question might seem simple, but it implicates a complex array of federal and state laws.  As healthcare practices continue to consolidate and merge, it’s also a question that we’re asked frequently.  Each client and each situation are different, and this post isn’t a substitute for personalized legal...

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